HomeMy WebLinkAboutPACKET AUG 21 2018BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS August 21, 2018 1:30 PM
CONSENT AGENDA
Approval of minutes — August 14, 2018
Confirmation of board and commission member appointments
Jefferson Fisher would fill the unexpired term of Jason Cansler on the Historic Landmark
Commission (Attorney). The term would commence August 21, 2018 and expire September 30,
2019 (Mayor Becky Ames)
Corey Crenshaw would fill the unexpired term of B. Eliot New on the Planning and Zoning
Commission (Alternate). The term would commence August 21, 2018 and. expire September 30,
2019 (Mayor Becky Ames)
A. Repeal Resolution No. 18-154 and approve a new resolution authorizing the City
Manager to execute all documents necessary to apply for and accept new grant funding
related to the Southeast Texas Auto Theft Task Force
B. Authorize the City Manager to execute all documents necessary to execute a
Memorandum of Understanding between the City of Beaumont and Goodyear Tire and
Rubber
C. Authorize the City Manager to execute a Memorandum of Understanding with Beaumont
Pets Alive
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Jefferson Fisher, Attorney is appointed to the Historic Landmark Commission to fill the
unexpired term of Jason Cansler. The term will commence August 21, 2018 and expire
September 30, 2019.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
2018.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August,
- Mayor Becky Ames -
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Corey Crenshaw (Alternate) is appointed to the Planning and Zoning Commission to
fill the unexpired term of B. Eliot New. The term will commence August 21, 2018 and expire
September 30, 2019.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
2018.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August,
- Mayor Becky Ames -
D
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: August 21, 2018
REQUESTED ACTION: Council consider repealing Resolution No. 18-154 and approving
a new resolution authorizing the City Manager to execute all
documents necessary to apply for and accept new grant funding
related to the Southeast Texas Auto Theft Task Force.
The Southeast Texas Auto Theft Task Force is a multi jurisdictional agency comprised of six
personnel from the Beaumont Police Department, and one each from the Jefferson County
Sheriff's Office, Pt. Arthur Police Department and Hardin County Sheriff s Office. Since the
inception of the Task Force in 1993, motor vehicle thefts have decreased in Beaumont by more
than 80%. The Task Force currently covers Jefferson, Orange, Hardin, and Jasper Counties.
The Task Force focuses efforts in two areas: investigations, which target vehicle burglaries and
vehicle thefts, and public awareness, which uses media campaigns, training and public
presentations to promote prevention techniques and awareness.
Title 43, Part III, Chapter 57 of the Texas Administrative Code, allows local government
agencies to apply for funding through a grant or an extension of a grant from the Texas
Automobile Burglary and Theft Prevention Authority. The City of Beaumont has been the
grantee for the Southeast Texas Auto Theft Task Force since 1993. The total budget being
requested is $880,346, with state funds in the amount of $528,714. The Beaumont Police
Department will provide $259,433 as a cash match of in the form of personnel salaries, benefits,
fuel, and vehicle maintenance, while other agencies will provide an additional $92,199 in cash
match. The upcoming grant cycle will begin on September 1, 2018 and will end on August 31,
2019.
The reason for the repeal is that the Automobile Burglary and Theft Prevention Authority
requires grant applications be submitted with a resolution that must be specific to include
statutory purposes, provide that funds shall be returned in the event of loss or misuse and
designate the Authorized Official, Financial Officer, and Program Director. Resolution# 18-154
was not specific to their requirements.
FUNDING SOURCE
The City's required match of $259,433 is included in the Police Department's Operating Budget
in the General Fund.
RECOMMENDATION
Repeal of Resolution No. 18-154. Approval of new Resolution.
RESOLUTION NO. 18-154
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and accept funding
in the amount of $528,714 through the Texas Automobile Burglary and Theft Prevention
Authority Fund for the Southeast Texas Auto Theft Task Force to provide vehicle
burglary and theft investigations and crime prevention education; and,
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute all documents necessary to apply for and accept said funding.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
July, 2018.
Lp"Ma '
I..�L..s._
Automobile Burglary and Theft Prevention Authority
FY 2019 Grant Awards approved May 23, 2018
Grantee Name
2019 Award Amount
2019 Match Amount
2019 Reimbursement
Rate
City of Austin
$430,685
$194,716
68.87%
City of Beaumont
$528,714
$351,632
60.06%
City of Brownsville
$924,350
$933,990
50.47%
Burnet County
$276,734
$122,778
69.27%
City of Corpus Christi
$410,973
$675,542
37.82%
City of Dallas
$555,204
$111,041
83.33%
Dallas County
$840,697
$376,475
82.48%
City of Eagle Pass
$151,222
$48,820
75.60%
City of EI Paso
$929,465
$374,643
71.27%
Galveston County
$469,183
$220,047
68.07%
Harris County
$1,272,403
$2,368,970
34.94%
City of Houston
$809,496
$1,460,872
37.66%
City of Laredo
$637,768
$369,345
63.33%
Lubbock County
$404,523
$239,722
74.56%
City of Mansfield
$360,058
$234,811
60.53%
Montgomery County
$337,464
$246,393
65.75%
City of Paris
$106,709
$40,101
72.68%
City of Pasadena
$76,000
$515,000
12.86%
Potter County
$361,705
$229,909
66.17%
City of San Antonio
$792,617
$561,144
62.68%
Smith County
$332,792
$182,303
86.33%
Tarrant County
$1,145,500
$467,773
82.46%
Travis County
$631,137
$388,111
61.92%
City of Victoria
$154,719
$30,972
83.32%
Total
$12,940,118
$10,745,110
RESOLUTION NO.
WHEREAS, on July 17, 2018 the City Council of the City of Beaumont, Texas adopted
Resolution No. 18-154 authorizing the City Manager to apply for and accept funding in the
amount of $528,714 through the Texas Automobile Burglary and Theft Prevention Authority
Fund for the Southeast Texas Auto Theft Task Force to provide vehicle burglary and theft
investigations and crime prevention education; and,
WHEREAS, the Automobile Burglary and Theft Prevention Authority requires grant
applications be submitted with a resolution that must be specific to include statutory
purposes, provide that funds shall be returned in the event of loss or misuse and designate
the Authorized Official, Financial Officer, and Program Director; and,
WHEREAS, Resolution No. 18-154 was not specific to their requirements and should
be repealed; and,
WHEREAS, a new resolution is necessary to include specific language as required by
the Automobile Burglary and Theft Prevention Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in all
things, approved and adopted; and,
THAT Resolution No. 18-154 be and it is hereby repealed.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551._
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August,
2018.
- Mayor Becky Ames -
RESOLUTION NO.
WHEREAS, under the provisions of the Texas Revised Civil Statutes Article 4413(37)
and the Texas Administrative Code Title 43, Part 3, Chapter 57, entities are eligible to receive
grants from the Automobile Burglary and Theft Prevention Authority to provide financial
support to law enforcement agencies for economic automobile theft enforcement teams and
to combat motor vehicle burglary in the jurisdiction; and,
WHEREAS, this grant program will assist this jurisdiction to combat automobile
burglary and theft; and,
WHEREAS, the City of Beaumont has agreed that in the event of loss or misuse of the
grant funds, the City of Beaumont assures that the grant funds will be returned in full to the
Automobile Burglary and Theft Prevention Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in all
things, approved and adopted; and,
THAT the City Manager, Kyle Hayes, is designated as the Authorized Official to apply
for, accept, decline, modify, or cancel the grant application for the Automobile Burglary and
Theft Prevention Authority Grant Program and all other necessary documents to accept said
grant; and,
BE IT FURTHER RESOLVED that the Southeast Texas Auto Theft Task Force
Commander, Lt. Bryan Skinner, is designated as the Program Director and the City of
Beaumont CFO, Todd Simoneaux, is designated as the Financial Officer for this grant.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
August, 2018.
- Mayor Becky Ames -
ATTEST:
City Clerk
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: August 21, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary to execute a Memorandum of
Understanding (MOU) between the City of Beaumont and
Goodyear Tire and Rubber.
::_ ►_ :1 1►II
The City of Beaumont Public Health Department would like to enter into an agreement with
Goodyear Tire & Rubber, whereas in the event of a Public Health Emergency in the State of Texas,
local and regional health and medical infrastructure and associated resources will be quickly
committed to providing the necessary supporting strategies of effective response, management,
and distribution of the Strategic National Stockpile (SNS). The term of this MOU is five years
from the date of execution.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding between the City of Beaumont and Goodyear Tire and Rubber whereas in the
event of a Public Health Emergency in the State of Texas, local and regional health and
medical infrastructure and associated resources will be quickly committed to providing the
necessary supporting strategies of effective response, management, and distribution of the
Strategic National Stockpile (SNS). The Memorandum of Understanding is substantially in the
form attached hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
2018.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August,
- Mayor Becky Ames -
MEMORANDUM OF UNDERSTANDING
Between
City of Beaumont
And Goodyear Tire & Rubber
This Memorandum of Understanding (MOU) between the City of Beaumont and Goodyear Tire
& Rubber witnesses that:
Whereas, the City of Beaumont is authorized to enter into agreements with other government
entities, the private sector, and private, non-profit entities to ensure an expedient, effective, and
coordinated response to any natural or man-made disaster; and
Whereas in the event of a Public Health Emergency event in the State of Texas, local and
regional health and medical infrastructure and associated resources will be quickly committed to
providing the necessary treatment and supporting strategies to effectively_ respond to a potential
evolving event or to support the response to an actual event;
Whereas the existing local and regional medical and health infiastructure will also be
compromised due to lack of adequate staff, equipment, and pharmaceutical support available due
to the impacts and demands of the event;
Whereas resources from the state, federal, and private sector will be quickly mobilized to
augment local and regional medical and health resources and support the effective management
and distribution of the Strategic National Stockpile (SNS);
Now therefore, the parties agree as follows:
A. Definitions:
o Push. Site - During "a. public health emergency that requires preventive medications be
provided to large numbers of people, a Push Site is a facility within a Jurisdiction that is
designated to either receive medication or to pick up medication in order to provide it to a
group of people who would otherwise have to travel to a point of dispensing (POD) to
receive the preventive medication. Push sites must have medical or pharmacy personnel
and volunteers capable of providing the preventive medications to the facility population,
staff, and others as locally determined.
o RSS Push Site — Receives medications directly from the State RSS warehouse
facility.
o Local Push Site — Picks up medications from a pre -determined site away from the
general public.. May receive a delivery of the medications from the initial
delivery site, IF such delivery plans have been made by the local health
department.
EXHIBIT "A"
B. Use of Facility and staff:
o As a Local Push Site, Goodyear Tire & Rubber agrees to send designated staff to a pre-
determinied lobation that has been agreed to by the City of Beaumont and Goodyear Tire
& Rubber, to pick up the SNS materials, supplies, antibiotics, and/or vaccines. Goodyear
Tire & Rubber agrees to provide the City of Beaumont with names and identifying
infonnation of those staff who are designated to pick up the SNS materials, supplies,
antibiotics, and/or vaccines.
o As a Local Push Site, Gbodyear Tire & Rubber agrees to make arrangements to provide
security escorts for their staff if appropriate and available.
o Goodyear Tire & Rubber agrees to provide the City of Beaumont with the estimated total
number of people (adults and children) who will receive preventive medications at
Goodyear Tire & Rubber so that an appropriate amount of SNS material may be ordered.
o Goodyear Tire & Rubber agrees to be responsible for maintaining the physical security
and integrity of the SNS materials received and to comply with the handling instructions
provided by the City of Beaumont.
o Goodyear Tire & Rubber agrees to return unopened, unused antibiotics and/or vaccine to
the City of Beaumont Public.
o Goodyear Tire & Rubber agrees to use the Health History forms provided by the City of
Beaumont Public Health Department and to submit copies of the conipleted Health
History forms to the City of Beaumont following the public health emergency. .
o Goodyear Tire & Rubber agrees to develop a detailed plan and/or Standard Operating
Guideline for providing preventive medications to its population, staff, and others during
a'public health emergency that requires preventive medications be provided to large
numbers of people in the jurisdiction where Goodyear Tire & Rubber is located and
further agrees to allow the City of Beaumont to review its plan and/or Standard Operating
Guideline.
C. City of Beaumont:
o The City of Beaumont agrees to ship preventive medications for Goodyear Tire &
Rubber to the pre -designated location where staff of Goodyear Tire & Rubber, a Local
Push Site, will pick up the materials, based on the apportionment and pre -determined,
estimated number of people (children and adults) to receive preventive medication at
Goodyear Tire & Rubber.
o The City of Beaumont agrees to provide training on mass dispensing/mass vaccination to
Goodyear Tire & Rubber medical or pharmacy personnel and other staff and volunteers,
prior to a public health emergency, if the training is requested.
2
o. The City of Beaumont agrees to provide instructions and standing delegation orders to
Goodyear Tire & Rubber.
o The City of Beaumont agrees to provide Health History forms to Goodyear Tire &
Rubber and to accept completed Health History forms from Goodyear Tire & Rubher
following the public health emergency.
o The City of Beaumont agrees to receive unopened, unused antibiotics and/or vaccine
from Goodyear Tire & Rubber following the public health emergency.
D. Contact Information:
o Goodyear Tire & Rubber agrees to provide the City of Beaumont with the appropriate
facility 24-hour per day 7 -day per week contact information, and update this information
as necessary.
o The City of Beaumont agrees to provide Goodyear Tire & Rubber with the contact
information of those who are authorized to notify Goodyear `lire & Rubber in the event
of an emergency requiring the use of Goodyear Tire & Rubber as a Push Site.
E. Confidentiality: To the extent allowed by the law, the Parties agree that thdy will not
disclose this agreement and that the subject matter of this agreement- is sensitive and ow3fidential.
This document is maintained by or for a governmental entity for the purpose of responding to an
act of terrorism and relates to a tactical plan of governmental providers and thus should be
confidential under Government Code §418.176(a)(2).
F. Duration of Agreement: The term of this MOU is five years from the date of the initial
agreement. Renewal for additional one year terms shall be automatic unless one party terminates
as providedin section H.
G. Program Review: A. review will be conducted following a disaster event or within a six. -
month period after the effective date of this agreement. Any mutually agreed upon adjustments
to this agreement will be made at that time. At the end of the five years, and if it is mutually
desired, this agreement may be negotiated for a longer term. Any changes at the facility that
may impact the execution of this agreement will be conveyed to the primary contacts to this
agreement, identified below, or their designees, as soon as possible.
H. Amendments._ This agreement may be amended at any time by signature approval of the
parties signatory hereto, or their respective designee.
I. Termination of Agreement: Any Party may unilaterally withdraw at any time from this
MOU, except as stipulated above, by transmitting a signed statement to that effect to the other
Parties. This MOU and the public/private partnership created thereby shall be considered
terminated thirty (30) days from the date the non -withdrawing Party actually receives the notice
of withdrawal from the withdrawing Party.
I Primary Contacts: The Parties intend that the work under this MOU shall be carried out in
the most efficient manner possible. To that end, the Parties intend to designate individuals that
will serve as primary contacts between the Parties. The Parties intend that, to the maximum
extent possible and unless otherwise approved by the other Party, all significant communications
between the Parties shall be made through the primary contacts or their designees. The
designated primary contacts for each Party are:
City of Beaumont
Sherry Ulmer
Public Health Director
950 Washington Blvd
Beaumont, Texas 77705
(409)832-4000
Goodyear Tire & Rubber
Brad Wannamaker
HR Manager
11357 I1 10 S @Smith Rd
Beaumont, TX 77705
409-794-5285
K. Capacity to Enter .into Agreement: The persons executing this Memorandum of
Understanding on behalf of their respective entities hereby represent and warrant, that they
have the right, power, legal capacity, and appropriate authority to enter into this
Memorandum of Understanding on behalf of the entity for which they sign.
City of Beaumont
Goodyear Wemico Plant
Kyle Hayes Braddrinar
City Manager HR Manager
166?,
Date Pate
4
c
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE: August 21, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute a Memorandum of Understanding with Beaumont Pets
Alive.
BACKGROUND
On June 26, 2018, the Beaumont City Council held a work session to review and discuss a trap -
neuter -return (TNR) program for feral cats. During that work session, staff explained that all
sterilization surgeries related to TNR would be performed by Beaumont Pets Alive at no cost to
the City of Beaumont. On July 3, 2018, the City Council adopted the TNR ordinance.
The attached Memorandum of Understanding (MOU) formalizes the relationship between the
City of Beaumont and Beaumont Pets Alive that staff described during the June 26 work session.
Having a formal MOU showing cooperation and collaboration between the City of Beaumont
and Beaumont Pets Alive helps both organizations in procuring grant funds.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding between the City of Beaumont and Beaumont Pets Alive for sterilization
surgeries relating to the Trap -Neuter -Return (TNR) program for feral cats: The Memorandum
of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
2018.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of August,
- Mayor Becky Ames -
J
Memorandum of Understanding
This Memorandum of Understanding (MOU) is between Beaumont Pets Alive (BPA) and the City
of Beaumont, Texas (City). The purpose of this MOU is to formalize the cooperative working
relationship between BPA and the City with respect to the City's Trap -Neuter -Return (TNR)
program. BPA and the City are working together to support the common goal of turning the
Beaumont Animal Shelter (Shelter) into an open -admission no -kill animal shelter.
Responsibilities of BPA
1. BPA agrees to sterilize any and all feral cats for the City's TNR program at no cost to the
City.
Responsibilities of City
1. The City agrees to establish a Trap -Neuter -Return (TNR) program which provides for the
capture of feral cats for the purpose of controlling the feral cat population through
sterilization.
2. The City agrees to transport captured feral cats to and from BPA's facility.
3. The City agrees to only transport feral cats to BPA that are trapped within the Beaumont
city limits.
4. The City agrees to keep accurate records on the number of feral cats brought to BPA.
5. The City agrees to reimburse BPA for any feral cats that need to be euthanized due to
Term
testing positive for feline distemper or feline leukemia.
This MOU shall become effective upon execution and shall remain in effect for a period
of two (2) years unless sooner terminated as provided herein. Thereafter, this MOU
shall automatically renew for successive one (1) year terms unless and until notice to
terminate or not continue is given as provided herein. Either party has the right to
terminate this MOU by giving to the other party ten (10) days written notice of its
intention to terminate.
EXHIBIT "A"
CITY OF BEAUMONT
a
Kyle Hayes, City Manager
BEAUMONT PETS ALIVE
A
Kelley Kays, Executive Director
Date: Date:
BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 21, 2018 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-2/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution authorizing the City Manager to award a bid to T
Construction, LLC, of Houston for the Amelia Area and Sherwood Drive Pipe
Bursting Contract — Phase 11 Project
2. Consider granting a new solid waste transportation service agreement to DSC
Carting, LLC
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
* Consider matters related to appointment, employment, evaluation, reassignment,
duties, discipline or dismissal of a public officer or employee in accordance with
Section 551.074 of the Government Code to wit:
City Manager — Kyle Hayes
City Attorney — Tyrone Cooper
City Clerk — Tina Broussard
Chief Magistrate — Craig Lively
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
1
August 21, 2018
Consider a resolution authorizing the City Manager to award a bid to T Construction, LLC, of
Houston for the Amelia Area and Sherwood Drive Pipe Bursting Contract — Phase II Project
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: August 21, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
award a bid to T Construction, LLC, of Houston for the Amelia
Area and Sherwood Drive Pipe Bursting Contract — Phase II
Project.
BACKGROUND
This project will provide the replacement of designated pipe segments by means of pipe bursting
and replacing manholes in the Amelia Area and Sherwood Drive.
On August 9, 2018, six (6) bids were received for furnishing all labor, materials, equipment, and
supplies for the project and are shown in the table below:
Contractor
Contractor
Total Base Bid
Allowance
Total Award
Location
Amount
T Construction, LLC
Houston, TX
$1,154,807.00
$50,000.00
$1,204,807.00
CZ Construction,
Houston, TX
$1,194,931.00
$50,000.00
$1,244,931.00
LLC
PM Construction &
Rehab, LLC dba
Pasadena, TX
$1,196,958.00
$50,000.00
$1,246,958.00
IPR South Central
Nerie Construction,
Houston, TX
$1,396,206.00
$50,000.00
$1,446,206.00
LLC
ALLCO, LLC
Beaumont, TX
$1,444,589.76
$50,000.00
$1,494,589.76
Horseshoe
Construction, Inc.
La Porte, TX
$1,595,385.00
$50,000.00
$1,645,385.00
Engineer's Estimate
$1,235,220.00
$50,000.00
$1,285,220.00
Page 2
August 21, 2018
Amelia Area and Sherwood Drive Pipe Bursting Award
Based on a review of the bids and required documents received, the Water Utilities Engineer
recommends awarding the project to T Construction, LLC, the low bidder, in the amount of
$1,204,807.00.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
BID 7p8ULAMON
Ap1epa Area and gherwood PIPebdo0 Catftract Phase 118M No. y�f{)B6tY-76
ne rG AWu519, 2gt8 . _--- of fhe h1d5 feceived.
Page t of 2
BID TABULATHA
Amelia Area and Sherwood Pipeburst ng Contract Phase II Bid No. WU061SA5
BI OPENING DATE: August 8, 2018
The Bid Proposals submltied have been and to the best of my knowledge this Is an accurate tabulation of the hods received. �/lL
• wa s NOuy" ,
C]WS �,�g:
By: Phi Nguyen, PE, er es r Dale: 08!142018
aw e,
ITEM NO. QUANTITY
UNITDESCRIPTION
Bid Schedule (Engineer's
Estimate)
Nerie Construction, LLC
Joseph Nene
Houston, TX 77047
ALLCO, LLC
T.W. Harrison
Beaumont, TX 77701
Horseshoe Construction, Inc.
James R. Heft
La Porte, TX 77571
BASE BID ITEMS
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UMT PRICE
TOTAL
1
1
LS Mol @ tlon
$ 30 000.00
$ 30 000.00
40 000.00
40,000.00
$ 50 000.00
$
50 D00.00
40 000.00 S
40 000.00
2
10
EACH Point Repair
$ 1,500.00
$ 16,000.00
$ 5011.00 $
5,000.00
$ 1000.00
$
10 000.00
3 950.00 $
39 5DO.Do
3
55
SY Full Death Repair of Side Walk 5
$ 69.00
S 3,795.00
S 86.00 $
4,875.00
S 20.00
$
1 100.OD
70.00 $
3850.00
4
55 -
SY Full D Repair of Driveway B
$ 82.00
$ 4,510.00
$ 95.00 $
5225,00
$ 40.00
$
2,2W.00
70.00 S
3 850.00
5
300
SY Flexible Pavement Structure Repair 4
$ 64.00
$ 192011.00
$ 60.00 $
18,000.00
$ 25.00
$
7 500.00
52.00 S
15 600.00
6
900
L.F. Trench Excavation Protection
$ 3.00
S 2 700.00
10.00 3
9,000.00
$ 1.00
$
900.00
1.00 $
900.00
7
20
EACH Barricades S ns and Traffic Har1d8
$ 390.00
$ 7,8D0.00
600.00 $
10 000.00
$ 50.00
$
1,000.00
$ 250.00 $
5000.00
8
34
EACH Remove and Replace or Install New Sid. Manhole Up to B'Depth. with All Joints 6 Connectbns re -Cast Concrete
00
$ 4 0.00
$ 138 000.00
3.650.00. 3
124 100.00
$ 4,043.00
$
137,462.00
$ 5.40D.00 $
183 800.00
9
11
EACH Remove and Replace or Install New Std. Fiberglass Manhole Up to 8' Depth, with All Joints 6 Connections
$ 3,500.00
$ 381500.00
3 300,00 S
3e.300.00
$ 4,368.00
$
48 048.00
4 BD0.00 $
52,800.00
10
3
EACH Install Shallow Manhole Less than S'Depth, With All Joints b Connections Concrete or Fiberglass)
$ 3 400.00
$ 10 200.00
3,000.110 3
9,G00.130
$ 3 371.00
$
10 113.00
4 300.00 $
12 900.00
11
100
V.F. Fxtm Depth for New or Replacement Std. Manhole Over 8 Feet De re -Cast Concrete or Fiberglass)
225.00
22,500.011
5 200.00 3
209000.00
$ 95.00
$
9,500.00
450.00 $
45 000.00
12
215
EACH Reconnect Service Connection by Excavation Including Slacks to Liner. Complete, A0 to 15 Depth
$ 570.00
$ 122,550.00
700.00 $
150,5()0.00
$ 503.00
S
108,145.00
$ 625.00
134,375.00
13
15
EACH Obstruction Removal Excavation Ali Sizes Up to 15'Depth
$ 815.00
$ 12,225.00
$ 600.00 $
7,500.00
$ 1 500.00
$
22 500.00
500.00 $
7,500.00
14
2000
L.F. Clean and Televise Sewer All Sizes and Depths as Directed by Me Owners
$ 3.50
$ 79000.00
4.00 3
8,000.00
$ 3.00
S
8 000.00
3.10 $
6,200.00
15
500
L.F. Chain Link and Wooden Fences and Gates
25.00
$ 12 500.00
S 10.00 S
5,000.131)
$ 30.00
3
15 000.00
S 20.00 $
10,000.00
16
8482
L.F. Pipe Burst' 6'-8' Sewer to 6.625' OD Up to 15' Depth
S 40.00
S 339 680.00
S 33 DO
ZBO .00
$ 52.23
$
443 537.18
50.00 $
424 000.00
17
1330
LF. P Burst S'-10' Sewer to 12.75' OD U to 15' De
55.00
$ 73 150.00
40.011 S
53 200.00
$ 67.59
$
89 894.70
65.011 $
88 450.00
18
5814
LF. P Burst 15' Sawer to 16.0' OD, U to 15' Depth
$ 65.00
5 377 910.00
105.00 S
810 470.00
$ 82.85 1S
481 889.90
90.00 $
523 .DO
BASE BID QUANTITIES TOTAL
S 1 2 220.00
S 1,39,6.2a6.00
S 1-"4,689.76
1 696 386.00
ALLOWANCE
ITEM NO. QUANTITY UNIT DESCRIPTION
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
1
1
ALLOW I Worseen Work as directed the Omer
$ 50 000.00
$ 50 000.00
$ 50 000.00 3
50,00D.00
50 000.00
$
50,000 .011
$ 50 000.00 S
50 000.00
ALLOWANCE TOTAL
TOTAL BASE ITEMS ♦ ALLOWANCE
1,285,220.00
1,446,206.00
S
1,4 ,638. 8
Bid a 18
S
YES
yes
Acknowte ad Addendum
YES
YES
YES
A ed Addendum 2
YES
YES
YES
Bid Schedule a 19-2
YES
YE
YES
Bid Summa 22
YES
YES
S
Cb rate Resolution a 24
YES
NIA
YES
Bid Bond a 25
YES
YES
YES
Information R wired of Bidder a 26-28
YES
YES
YES
Conflict of Interest Questionnaire (Page 2
YES
YES
YES
State.an tof Cil Charter Prov Won on Conflict of InlefeY 31
YES
YES
YES
Insurance R uimment ABidavlt (Page 4e
YES
S
S
Schetlule of MBE Participation a 54)
YES
YES
R29ulred Forms Chao"
YES
YES
YES
Page 2 of 2
RESOLUTION NO.
WHEREAS, the City of Beaumont solicited bids for the Amelia Area and Sherwood
Drive Pipe Bursting - Phase II Project; and,
WHEREAS, T Construction, LLC, of Houston, Texas, submitted a complete bid
meeting specifications in the amount of $1,204,807.00; and,
WHEREAS, the City Council is of the opinion that the bid submitted by T Construction,
LLC, of Houston, Texas, is the lowest bidder providing the best value to the City and should
be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in all
things, approved .and adopted; and,
THAT the City Council hereby approves the award of a contract to T Construction,
LLC, of Houston, Texas, in the amount of $1,204,807.00 to furnish all labor, materials,
equipment, and supplies for the Amelia Area and Sherwood Drive Pipe Bursting — Phase II
Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized
to execute a contract with T Construction, LLC, of Houston, Texas, for the purposes
described herein.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
2018.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August,
- Mayor Becky Ames -
2
August 21, 2018
Consider granting a new solid waste transportation service agreement to DSC Carting, LLC
TEXAS
TO: City Council
FROM: - Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: August 21, 2018
REQUESTED ACTION: Council consider granting a new solid waste transportation service
Agreement with DSC Carting, LLC.
BACKGROUND
According to City Ordinance 22.05.101, no person shall engage in the business of collecting,
hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a
franchise from the City. Seven (7) entities currently have nonexclusive franchise agreements
with the City and are doing business in this area. DSC Carting, LLC dba Deep South Containers
has requested that the City Council grant the company a franchise agreement. DSC Carting, LLC
serves Southwest Louisiana and Southeast Texas with its Beaumont office located at 1440
Spindletop Avenue.
The requested franchise provides for a term of one year from its effective date and a franchise
fee of seven percent (7%) of gross revenues received for service. It also requires the entity to
indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a
named insured.
According to the City Charter, franchise ordinances require readings at three (3) separate Council
meetings, with the third not less than thirty (30) days from the first reading. The ordinance does
not take effect until sixty (60) days after its adoption on the third and final reading. After
passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of
general circulation in the city. All publication costs are paid by the franchisee. Attached is a copy
of the franchise agreement for your review.
This is the third reading.
FUNDING SOURCE
A franchise fee of seven percent (7%) of gross receipts will be paid to the City.
RECOMMENDATION
Approval of Ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID
WASTE COLLECTION AND TRANSPORTATION SERVICES TO DSC
CARTING, LLC.
WHEREAS, DSC Carting, LLC (the "Company") has requested a franchise to operate
a solid waste collection and transportation service within the City of Beaumont, Texas (the
"City"); and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
Grant of Authority
There is hereby granted by the City to DSC Carting, LLC the right and privilege to
operate and maintain within the City a solid waste collection and transportation service (the
"service"). For purposes of this franchise, the term "solid waste collection and transportation
service" shall mean the business of collection, hauling or transporting any garbage, rubbish,
waste or refuse from locations in the City, and the disposal of such material in accordance
with law. The franchise granted herein is nonexclusive, and franchises may be granted to
other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60) days after the
final passage hereof as required by law and upon the filing by the Company of an acceptance
with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The
acceptance required hereunder must be in writing and filed with the City Clerk within thirty
(30) days after final passage hereof. Upon the expiration of the term hereof, this franchise
shall continue on a month-to-month basis until terminated by either party or extended or
replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer class
based upon such criteria as type of waste, container size, frequency of collection, and
distance of travel. The Company shall file its initial rates for service with its acceptance as
required herein. Such rates shall, unless modified by the City, be effective with the effective
date of this franchise. Any modifications in rates by the Company shall first be filed with the
City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless
modified by City as provided herein. Nothing herein shall prevent the Company from
charging uniform rates which are less than the rates filed with the City. The City shall have
the right to establish rates charged by Company for services performed hereunder, after
notice and hearing. Rates established by the City shall be sufficient to allow the Company an
opportunity to earn a reasonable return on its invested capital used in providing such
services.
Section 4.
Franchise Fee
The Company shall, pay to the City, on or before the fifteenth (15th) day of each
month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in
the previous month as payment for the use of the City's streets, alleys and rights-of-way. The
payments herein provided do not relieve Company from the .payment of ad valorem taxes,
special assessments, charges, or other fees applicable to the public generally. City shall
have the right, at any reasonable time, to audit the books and records of the Company and
the Company is hereby required to make such books and records available at the request of
City. Upon written acceptance, the Company shall furnish to the City a listing of customers
served, including customer name, address, frequency of pick-up, size of container or type of
service and charge for same. The following reports shall be filed monthly with the City
Manager or his designee along with the street rental payment required herein:
1. Upon written request and within thirty (30) days of receipt, the
Company shall furnish to the City adequate reconciliation -of
reported revenues which would include: a listing of names and
addresses of all customers served, frequency of pick-up, size of
container or type of service and charge for same, and date service
was initiated and discontinued.
Section 5.
Indemnity, Insurance and Bond
The Company shall- at all times during the effective period of this franchise, carry liability
insurance as provided herein. The Company covenants and agrees at all times to indemnify
and save harmless the City, its officers, agents, employees, and any member of the public
against any and all injuries, damages, claims, causes of action or loss of compensation
arising or resulting from Company's operations under this franchise, whether or not such loss
was caused by the negligence of the City, its agents, servants or employees. Upon notice
given Company by City, Company must defend at its own expense, any action or suit brought
against the City because of any work or other acts done by the Company under the terms of
this franchise. Counsel chosen by Company to defend City must be satisfactory to City.
Company will pay any final judgment which might be obtained against City by reason of any
work or acts done hereunder by Company, its agents, servants or employees, and Company
will pay all damages occurring to any person or property, public or private, resulting from any
fault or neglect on its part or on the part of its agents or employees.
I
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of insurance
indicating workers' compensation coverage as required by the
State of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its
operation with limits of not less than Five Hundred Thousand.
Dollars ($500,000.00) per occurrence for bodily injury and, in
addition, not less than One Hundred Thousand Dollars
($100,000.00) property damage. This policy shall name City as
an additional insured and provide for thirty (30) days notice to City
prior to cancellation. A certificate of insurance certifying such
coverage shall be filed with the City Clerk before the effective date
of this franchise, and it shall be maintained in force during the
term of the franchise.
3) General. Liability
The Company shall carry, in its own name, a comprehensive
liability insurance policy including contractual coverage for
operations other than automobile with limits of not less than Five
Hundred Thousand Dollars ($500,000.00) per occurrence for
bodily injury, and One Hundred Thousand Dollars ($100,00.00)
per occurrence for property damage. The policy shall name the
City as named insured and provide for thirty (30) days notice to -
City prior to cancellation. A certificate of insurance certifying such
coverage shall be filed with the City Clerk before the effective date
of this franchise and maintained in force during the term of the
franchise.
Section- 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all lawful
exercise of police power by the City and to such reasonable regulations as the City shall
hereafter by ordinance provide., In addition, the Company will observe all city, county, state,
and federal laws regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in good
order to render efficient service subject to the terms of this franchise. All vehicles, containers,
and equipment used for the collection and transportation of solid waste shall be constructed,
operated and maintained to prevent loss of liquid or solid waste material and to minimize
health and safety hazards to solid waste management personnel and the public. Such
vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition
and free from odors at all times. All vehicles and equipment shall comply with federal, state,
and local regulations. Collection vehicles and all bulk, commercial, and roll -off type
containers shall be painted and numbered and shall have the Company's name and
telephone number painted in letters of a contrasting color. Such containers may not be
placed on any street or right-of-way within the City. All collections shall be made directly from
the premises of the customer and any emptied containers returned directly to such premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association or
entity inside the City of Beaumont who requests such service and is not delinquent in the
payment of collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain an office with telephone service and shall
keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except
Saturday, Sunday and holidays.
Section 10.
Ihterruption of Service
In the event that service shall be interrupted for any reason for more than forty-eight
(48) hours, the City shall have the right to make temporary independent arrangements for the
purposes of continuing this necessary service to its residents in order to provide or protect
the public health and safety. If the interruption in service mentioned herein continues for a
period of seventy-two (72) hours, then the City shall have the right to terminate the rights and
privileges granted in this franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the City
may serve written notice upon the Company of its intention to terminate this franchise. The
notice shall contain the reasons for such intention to terminate the franchise. Unless within
ten (10) days after mailing such notice by City to the Company, such violation shall cease, or
satisfactorily arrangements for correction be made by Company, the City Council may, after a
public hearing in which Company is provided an opportunity to present evidence concerning
such violation, declare the franchise terminated and serve written notice upon the Company
of the termination and the termination of the franchise shall be effective upon the mailing of
such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without the
approval of City. A single transfer or a series,of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval of City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient to
notify Company when provided by certified mail to:
DSC Carting, LLC
1701 W. Willow Street
Lafayette, LA 70583
Notice to City is sufficient if mailed by certified mail to:
City Manager
City of Beaumont'
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any'section, sentence, clause, paragraph or phrase of this ordinance, other than
Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the
remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason,
the ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall furnish
to the City a list of all vehicles to be providing solid waste collection and disposal service
under this franchise. Such list shall include state license number, year, make, model and
manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont
landfill permit will not be allowed to operate under this agreement nor utilize the City refuse
disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with
Section 7 of this franchise, the Company will be notified of its violation and said equipment or
vehicle shall be removed from service upon receipt of written notification
Failure to comply with this provision or to falsify the information concerning the location
of the service of the vehicle shall be a material breach of this franchise. Should City decide
not to terminate this franchise because of any violation of this Section, Company's disposal
fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60)
days.
The meeting at which this ordinance was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
17th day of July, 2018.
- Mayor Becky Ames -
The meeting at which this ordinance was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the
24th day of July, 2018.
- Mayor Becky Ames -
The meeting at which this ordinance was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the
21st day of August, 2018.
ACCEPTANCE:
DSC Carting, LLC
in
(Company Owner/Representative)
- Mayor Becky Ames -